Brazil Issues Legislation for Children’s Strollers and Feeding Chairs

SafeGuardSToys and Juvenile ProductsMay 10, 2021

Brazil has published two ordinances detailing the consolidated technical regulation and conformity assessment requirements for children’s strollers and children’s feeding chairs. These became effective on May 3, 2021.

In April 2021, Brazil’s Ministry of Economy/National Institute of Metrology, Quality and Technology (Ministério da Economia/Instituto Nacional de Metrologia, Qualidade e Tecnologia, Inmetro) issued two pieces of legislation to regulate two specific categories of juvenile products.

These regulations are:

Ordinance No. 167 of April 13, 2021 (Portaria No. 167, de 13 de Abril de 2021, Ordinance 167/2021) ‘Approving the Quality Technical Regulation and Conformity Assessment Requirements for Children’s Strollers’
Ordinance No. 168 of April 14, 2021 (Portaria No. 168, de 14 de Abril de 2021, Ordinance 168/2021) ‘Approving the Quality Technical Regulation and Conformity Assessment Requirements for Children’s Feeding Chairs’

Both of these new laws are structured in a similar manner and contain, inter alia, several important provisions:

Scope
- Details the scope of regulated products:
  - Ordinance 167/2021 exempts toy strollers, doll strollers and strollers for children with special needs
  - Ordinance 168/2021 exempts portable chairs and seats that are fixed on common chairs
Premarket requirements:
- Products must undergo mandatory conformity assessments and certification
- Products must be registered with Inmetro after certification
Market Surveillance:
- Products are subject to surveillance activities by Inmetro or other enforcement agencies
- Product suppliers must furnish requested information by Inmetro within 15 days
Technical Regulation and Conformity Assessment Requirements:
- Detail the safety requirements and certification procedures (see Tables 1 and 2 below for highlights)
‘Conformity Identification Seal’ (CIS):
- Details the use of the CIS (Annex III)

Highlights of Annex I ‘Quality Technical Regulation’ and Annex II ‘Conformity Assessment Requirements’ falling under each of these two ordinances are summarized in Tables 1 and 2.

Ordinance No. 167 of April 13, 2021 ‘Approving the Consolidated Quality Technical Regulation and Conformity Assessment Requirements for Children’s Strollers’
Section	Highlight
Annex I ‘Quality Technical Regulation’	Details the essential safety requirements, including those for construction, flammability and the migration of eight elements (antimony, arsenic, barium, cadmium, chromium, lead, mercury and selenium) Plastic packaging must not pose a risk of suffocation or strangulation to children and must contain a warning for such danger and to keep the plastic bag out of reach of children Stroller must contain warnings (in Portuguese) to reduce hazards associated with the use of the product and traceability information
Annex II ‘Conformity Assessment Requirements’	List of complementary documents, including ABNT NBR 5426:1989 ‘Sampling plans and procedures for inspection’ and ABNT NBR 14389:2010 ‘Safety of strollers for children’ Suppliers are to choose Certification Model 5 or 1b (batch test) for the conformity assessment mechanism (certificate of conformity, CoC) The CoC is valid for three years for Model 5

Table 1

Ordinance No. 168 of April 13, 2021 ‘Approving the Consolidated Quality Technical Regulation and Conformity Assessment Requirements for Children’s Feeding Chairs’
Section	Highlight
Annex I ‘Quality Technical Regulation’	Definitions, including those for highchair, feeding chair for children and portable feeding chair (designed to be fixed on a table)/portable hook-on chair Details the general requirements for materials, requirements for safety – including illustrative requirements for highchairs, marking, mandatory information on product and packaging as well as instructions for use
Annex II ‘Conformity Assessment Requirements’	List of complementary documents, including ABNT NBR ISO 9001:2015 ‘Quality management systems’ ABNT NBR NM 300-1:2011 ‘Toy Safety Part 1 ‘General, mechanical and physical’ ABNT NBR NM 300-2:2004 ‘Toy Safety Part 2 ‘Flammability’ ABNT NBR NM 300-3:2011 ‘Toy Safety Part 3 ‘Migration of certain elements’ ABNT NBR 1599-1:2011 ‘Children’s highchairs Part 1 ‘Safety requirements’ ABNT NBR 1599-2:2011 ‘Children’s highchairs Part 2 ‘Test methods’ ABNT NBR 9176:2016 ‘Flexible polyurethane foam – Determination of indentation force’ Suppliers are to choose Certification Model 4, 5 or 1b (batch test) for the conformity assessment mechanism (certificate of conformity, CoC) The CoC is valid for 4 years for Model 4 or 5 Details the specific tests and requirements, including the migration of eight elements, for highchairs and ‘portable hook-on chairs’ (Annex A)

Table 2

Ordinance Nos. 167/2021 ‘Strollers’ and 168/2021 ‘Feeding Chairs’ became effective on May 3, 2021 – the former legislation repealed Inmetro Ordinance Nos. 315/12, 351/2012, 494/2015 & 222/2016 and the latter repealed Inmetro Ordinance Nos. 683/2012, 51/2013 & 227/2016.

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